PHOOLAN DEVI Vs. HIMUDA

JUDGEMENT

(1.) Petitioner has filed the petition under Article 226 of the Constitution of India, seeking following substantive reliefs:"

(2.) The grievance of the petitioner is that she was appointed by the respondent"Department as a Sweeper, Class"IV employee on part time basis on 1/8/1993 and thereafter she was brought on daily wages w.e.f. 25. 02.2006. Her services were regularized by the respondent"Department on 12/3/2018. The State of Himachal Pradesh had issued Notification dated 21. 02.2018, whereby F.R. 56 was amended and it was provided that a Class"IV Government servant appointed on part time/daily wages basis prior to 10/5/2001 and regularized on or after 10/5/2001 shall retire from service on the afternoon of the last day of the month in which he attains the age of 60 years. However, the respondents are going to retire the present petitioner on 30/1/2023 vide order (Annexure P"4) at the age of 58 years, whereas, the petitioner is entitled to be continued in service upto the age of 60 years.

(3.) Today, the learned vice counsel for the respondents has placed on record copy of Agenda Item regarding enhancement of retirement age of Class"IV employees from 58 to 60 years in HIMUDA, wherein Chairman HIMUDA has approved that instead of adopting the notification of Government dtd. 21/2/2018, they may deploy all such Class"IV employees for 2 years after retirement on outsource basis on the fixed consolidated pay to the interested incumbents.